The government's pleading read, "The goal in Germany is for an 'open, pluralistic society.'"

At the same time, the brief contends the Romeike family cannot claim religious persecution.

A three-judge panel of the 6th Circuit Court of Appeals previously agreed, but the Homeschool Legal Defense Association argues the panel ignored critical evidence that the German high court specifically targeted religious homeschoolers.

They filed a request for a hearing by the entire appeals court. The Justice Department is asking the court to reject their appeal.

The Romeike family fled Germany in 2008 because they didn't want their children exposed to witchcraft and graphic sex education taught in German schools.